131 P.2d 433 | Wash. | 1942
William B. King and Blanche A. Shuman were brother and sister. In 1922, the property was conveyed to them as a gift by their mother. At that time, there were two small houses upon the lot. During his lifetime, King had complete management and control of the property, although, in 1937, he conveyed his interest to Mrs. Shuman by deed, which was filed for record in February, 1939. That this conveyance was intended as, and effected, a gift of his separate interest in the property to Mrs. Shuman, there is no doubt.
In 1928, King purchased and moved onto the property a two-story house, which he converted into two apartments. It is the contention of plaintiff that the funds with which this house was purchased and remodeled belonged to the community composed of William B. King and Lilly M. King. The trial court, however, found that the "evidence was insufficient to establish any moneys due said community which would be a lien against the said real property." Judgment dismissing the action was accordingly entered. Plaintiff appeals.
[1, 2] William B. King's interest in the real estate, having been acquired by gift, was his separate property. *569
Its status as separate property was established as of the date of acquisition. Katterhagen v. Meister,
To begin with, an itemized statement in King's handwriting is in evidence, showing the purchase price of the house, the cost of moving it onto the lot, and the amounts expended for material and labor in repairing and transforming it into apartments. The total amount of such expenditures was $2,299.62. The items of expenditure, in this statement, are fortified by canceled checks drawn by King on the only checking account maintained by him. This account was in the Brotherhood *570 Bank and Trust Company of Seattle. It was carried in his individual name, but his checks bore the following caption:
Furthermore, it is established by documentary evidence that King, during the period the house was being made into apartments, procured a loan on a life insurance policy, the proceeds from which found their way into the account in the Brotherhood bank, and were undoubtedly, in large part, checked out in payment of material and labor costs incurred in connection with the purchase, moving, and remodeling of the house. The proceeds of this loan were, of course, community property. Occidental LifeIns. Co. v. Powers,
During the period in question, King also procured loans from the Brotherhood bank on his personal notes, the proceeds of which went into his checking account. It is clear that the proceeds of these loans were used *571
in remodeling the house. The notes were, presumptively, community obligations. Bierer v. Blurock,
Mrs. Shuman testified that, in 1920, her mother gave her and King five thousand dollars, the whole of which was turned over to the latter for management and investment. Of this, it is clear from documentary evidence in King's handwriting that he paid four thousand one hundred dollars to Mrs. Shuman prior to the time their mother gave them the property in controversy. What became of the other nine hundred dollars, does not appear. He bought the house in question April 18, 1928. The first of that month, his total bank deposits amounted to $290.63. In view of the manner in which he handled his bank account, this sum cannot be regarded as other than community property. As the court remarked in King v.Prudential Ins. Co. of America, supra, p. 248:
"There is some evidence . . . that Mr. King had a small income from separate property, but, whatever this was, it was commingled with community funds and became community property."
[6] We conclude that, when King gave his share of the property to his sister in 1937, it was impressed with a community interest in the sum of $2,299.62. While he could give away his separate estate, he had no power to give away the community's interest in it. Parker v. Parker,
Since there is no element of estoppel to preclude appellant, as executrix of Mrs. King's estate, from asserting the community interest in the property, the judgment will be reversed, with direction to enter judgment impressing a lien upon the property in the sum of $2,299.62.
ROBINSON, C.J., MILLARD, STEINERT, and JEFFERS, JJ., concur.